I have kids. What are my options for filing for divorce in another state?
I feel stuck in the state I’m living in. What do I do?
Am I allowed to move to another state after divorce?
Can I file for divorce in a state other than the state I am living in?
Here are some general tips when addressing these tough divorce questions:
One of the parties is required to be a legal resident for a certain amount of time before the judge will grant the divorce in most new destination states. It may be worth the time sacrificed and patience it costs you.
How is your relationship with your ex spouse?
If you get along well, the process will be easier. Talk with a lawyer about the paperwork needed prior to moving. Have your ex sign on the dotted line. Call your realtor. Pack up. Move out. Start fresh in your new state.
If you don’t get along with your ex, the process will be more difficult. You need to get his or her permission before you move the kids out of state.
First, try negotiating with your ex. Find something to compromise on that will appeal to him or her. Learn the art of negotiation. Read books. Research.
If that doesn’t work, you may consider hiring an attorney to file for divorce in your current state. And then get the court’s permission to move afterwards. This is an expensive and lengthy process, and there are no guarantees. So, negotiating outside of court is a wise move.
Are you looking to get a more favorable settlement by filing for divorce in another state?
Marriage is dealt with on a state level. So each state has a little different rules about how they deal with divorce. When filing for divorce, you site a reason for the divorce. Some states allow for one spouse to blame the other spouse for the divorce. That’s called “fault grounds” for divorce. Other states have “no fault” grounds for divorce. You might have heard the term “irreconcilable differences”? That is “no fault” grounds for divorce.
For example, in Texas you can use fault grounds when filing for divorce. But in California, you can’t.
Why does this matter? If you believe your spouse is at fault for the divorce, because of one of the following reasons, then an attorney can give you legal advise on how fault vs no fault grounds for divorce would affect your property settlement:
- mental illness
- criminal conviction
Keep your chin up, because YOU are and OVERCOMER!